[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Notices]
[Pages 30405-30408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11922]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes From Thailand:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Saha Thai Steel Pipe Public Co., Ltd. (Saha Thai), and 26 non-examined
companies, made sales of subject merchandise at less than normal value
during the period of review (POR) March 1, 2019, through February 29,
2020. We further preliminarily determine that Blue Pipe Steel Center
(Blue Pipe) and K Line Logistics (Thailand) Ltd. (K-Line) had no
shipments during the POR. We invite interested parties to comment on
these preliminary results.
DATES: Applicable June 8, 2021.
FOR FURTHER INFORMATION CONTACT: William Langley or Thomas Schauer, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3861 or (202)
482-0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 751(a)(2) of the Tariff Act of 1930, as
amended (the Act), Commerce is conducting an administrative review of
the antidumping duty order on circular welded carbon steel pipes and
tubes (pipes and tubes) from Thailand. On May 6, 2020, in accordance
with 19 CFR 251.221(c)(1)(i), we initiated the administrative review of
the order \1\ on
[[Page 30406]]
29 companies, including Blue Pipe, K-Line, and Saha Thai, which were
selected for individual examination.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 26931 (May 6, 2020).
\2\ See Memorandum, ``Circular Welded Carbon Steel Pipes and
Tubes from Thailand: Respondent Selection,'' dated October 13, 2020.
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On April 24, 2020, Commerce exercised its discretion to toll all
deadlines in administrative reviews by 50 days.\3\ On July 21, 2020,
Commerce tolled all deadlines in preliminary and final results of
administrative reviews by an additional 60 days.\4\ On October 3, 2020,
Commerce further extended the deadline for the preliminary results of
this administrative review by 120 days, until June 1, 2021.\5\ For a
complete description of the events between the initiation of this
review and these preliminary results, see the Preliminary Decision
Memorandum.\6\
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\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19 Government,'' dated April
24, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\5\ See Memorandum, ``Certain Welded Carbon Steel Pipes and
Tubes from Thailand: Extension of Deadline for Preliminary Results
of Antidumping Duty Administrative Review; 3/1/2019-2/29/2020,''
dated January 21, 2021.
\6\ See Memorandum, ``Circular Welded Carbon Steel Pipes and
Tubes from Thailand: Decision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review, and Preliminary
Determination of No Shipments; 2018-2019,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The products covered by the antidumping order are pipes and tubes
from Thailand. For a full description of the scope of this order, see
the Preliminary Decision Memorandum.\7\
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\7\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
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Methodology
Commerce conducted this review in accordance with section 751(a)(2)
of the Act. Export price is calculated in accordance with section 772
of the Act. Normal value is calculated in accordance with section 773
of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached in
the appendix to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
http://access.trade.gov. In addition, the signed Preliminary Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.
Preliminary Determination of No Shipments
Commerce selected Blue Pipe as a mandatory respondent because it
and Saha Thai accounted for the largest volume of subject merchandise
during the POR. Blue Pipe reported that its supplier, Saha Thai, had
knowledge of the final destination of the subject merchandise that they
produced and sold to Blue Pipe, and which Blue Pipe resold to U.S.
customers during the POR, which Saha Thai confirmed in its
responses.\8\ Blue Pipe and Saha Thai provided sales documentation as
evidence in support of their claim.\9\ Because the evidence on the
record demonstrates that Saha Thai had knowledge that the final
destination of the subject merchandise was to customers in the United
States, we preliminarily determine that Blue Pipe had no shipments of
subject merchandise during the POR. We intend to instruct CBP at the
final results to liquidate any existing entries of merchandise produced
by Saha Thai and entered into the United States as having been exported
by Blue Pipe at the rate applicable to Saha Thai.\10\
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\8\ See Blue Pipe's Letter, ``Circular Welded Carbon Steel Pipes
and Tubes from Thailand: Section A Questionnaire Response,'' dated
November 10, 2020 at 22; and Saha Thai's Letter, ``Saha Thai's
Section A Questionnaire Response Circular Welded Carbon Steel Pipe
and Tubes from Thailand (AR 19-20),'' dated November 10, 2020 at 19
and 24-25; see also Blue Pipe's Letter, ``Circular Welded Carbon
Steel Pipes and Tubes from Thailand: 1st Supplemental Questionnaire
Response--Part 2,'' dated March 1, 2021 at 2-3 and Exhibits 3-4; and
Saha Thai's Letter, ``Saha Thai's Supplemental Questionnaire
Response Circular Welded Carbon Steel Pipe and Tubes from Thailand
(AR 19-20),'' dated February 24, 2021 at 5-6 and Exhibits 5-10.
\9\ Id.
\10\ See, e.g., Certain Steel Nails from Taiwan: Final Results
of Antidumping Duty Administrative Review and Final Determination of
No Shipments; 2018-2019, 85 FR 76014, 76015 (November 27, 2020).
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Based on an analysis of U.S. Customs and Border Protection (CBP)
information, and comments provided by interested parties regarding the
CBP data, Commerce preliminarily determines that K-Line had no
shipments during the POR. For additional information regarding this
determination, see the Preliminary Decision Memorandum.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period March 1, 2019, through
February 29, 2020:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Saha Thai Steel Pipe Public Company, Ltd.................... 7.23
Apex International Logistics................................ 7.23
Aquatec Maxcon Asia......................................... 7.23
Asian Unity Part Co., Ltd................................... 7.23
Bis Pipe Fitting Industry Co., Ltd.......................... 7.23
Chuhatsu (Thailand) Co., Ltd................................ 7.23
CSE Technologies Co., Ltd................................... 7.23
Expeditors International (Bangkok).......................... 7.23
Expeditors Ltd.............................................. 7.23
FS International (Thailand) Co., Ltd........................ 7.23
Kerry-Apex (Thailand) Co., Ltd.............................. 7.23
Oil Steel Tube (Thailand) Co., Ltd.......................... 7.23
Otto Ender Steel Structure Co., Ltd......................... 7.23
Pacific Pipe and Pump....................................... 7.23
Pacific Pipe Public Company Limited......................... 7.23
Panalpina World Transport Ltd............................... 7.23
Polypipe Engineering Co., Ltd............................... 7.23
Schlumberger Overseas S.A................................... 7.23
Siam Fittings Co., Ltd...................................... 7.23
Siam Steel Pipe Co., Ltd.................................... 7.23
Sino Connections Logistics (Thailand) Co., Ltd.............. 7.23
Thai Malleable Iron and Steel............................... 7.23
Thai Oil Group.............................................. 7.23
Thai Oil Pipe Co., Ltd...................................... 7.23
Thai Premium Pipe Co., Ltd.................................. 7.23
Vatana Phaisal Engineering Company.......................... 7.23
Visavakit Patana Corp., Ltd................................. 7.23
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Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be applied to
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in a less-than-fair-value investigation, for guidance when
calculating the weighted-average dumping margin for companies which
were not selected for individual examination in an administrative
review. Under section 735(c)(5)(A) of the Act, the all-others rate is
normally an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding rates that are zero, de
minimis (i.e., less than 0.5 percent) or determined entirely on the
basis of facts available.
[[Page 30407]]
Consistent with section 735(c)(5)(A) of the Act, we determined the
weighted-average dumping margin for each of the non-selected companies
by using the weighted-average dumping margin calculated for Saha Thai
in this administrative review.
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine and CBP shall assess antidumping duties on all appropriate
entries. If an examined respondent's weighted-average dumping margin is
not zero or de minimis in the final results of this review, we will
calculate importer-specific ad valorem assessment rates on the basis of
the ratio of the total amount of dumping calculated for an importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1). For non-examined respondents, Commerce shall
direct CBP to assess antidumping duties at an ad valorem rate equal to
the company-specific weighted-average dumping margin determined in the
final results of this review. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c), or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
Commerce clarified its ``automatic assessment'' regulation on May
6, 2003.\11\ This clarification applies to entries of subject
merchandise during the POR produced by Saha Thai for which it did not
know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.
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\11\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue assessment instructions to CBP no earlier than
35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies
under review will be equal to the weighted-average dumping margin
established in the final results of this review (except, if that rate
is de minimis, then the cash deposit rate will be zero); (2) for
previously reviewed or investigated companies not listed in the final
results of this review, including those for which Commerce may
determine had no shipments during the POR, the cash deposit rate will
continue to be the company-specific rate published for the most
recently completed segment of this proceeding; (3) if the exporter is
not a firm covered in this review or another completed segment of this
proceeding, but the producer is, then the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) if neither the
exporter nor the producer is a firm covered in this or any previously
completed segment of this proceeding, then the cash deposit rate will
be the all-others rate of 15.67 percent that was established in the
less-than-fair-value investigation.\12\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\12\ See Antidumping Duty Order: Circular Welded Carbon Steel
Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986).
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the
preliminary results in accordance with 19 CFR 351.224(b). Interested
parties may submit case briefs not later than the date which Commerce
will announce subsequent to this notice. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than seven
days after the date for filing case briefs.\13\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\14\ Case and rebuttal
briefs should be filed using ACCESS \15\ and must be served on
interested parties.\16\ Executive summaries should be limited to five
pages total, including footnotes.
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\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020) (Temporary Rule).
\14\ See 19 CFR 351.303 (for general filing requirements).
\15\ See generally 19 CFR 351.303.
\16\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS. Requests should contain:
(1) The party's name, address and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised by each party in their
respective case brief.
Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\17\ An electronically filed document
must be received successfully in its entirety in ACCESS by 5 p.m.
Eastern Time within 30 days after the date of publication of this
notice.
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\17\ See Temporary Rule.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
[[Page 30408]]
Dated: June 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Comparison to Normal Value
VI. Particular Market Situation
VII. Product Comparisons
VIII. Determination Not to Select TPP as a Voluntary Respondent
IX. Discussion of Methodology
X. Recommendation
[FR Doc. 2021-11922 Filed 6-7-21; 8:45 am]
BILLING CODE 3510-DS-P